DISCLAIMER:
Any posted Notice of Disciplinary Charges, Conviction Transmittal or other initiating document,
contains only allegations of professional misconduct. The attorney is presumed to be
innocent of any misconduct warranting discipline until the charges have been proven.

California Bar Journal Discipline Summaries

Summaries from the California Bar Journal are based on discipline orders but are not the official records. Not all discipline actions have associated CBJ summaries. Copies of official attorney discipline records are available upon request.

January 30, 2014

JOSEPH GUY MAIORANO [#113876], 58, of San Diego was disbarred Jan. 30, 2014 and ordered to comply with rule 9.20 of the California Rules of Court.

The State Bar Court found Maiorano culpable of failing to promptly pay client funds in one client matter and misappropriation and loaning money to a client without complying with the requirements of Rule of Professional Conduct 3-300 in another matter.

In the first matter, Maiorano did not return funds to his client trust account after a client disputed fees Maiorano charged him. In the other matter, he misappropriated $8,950 in settlement funds he was holding for a client who had been injured in a car accident and loaned the man money, but did not advise him in writing of the terms of the loans and of his right to seek the advice of an independent attorney.

Maiorano had been disciplined on one prior occasion. In November 2008, he was suspended after representing to an insurance company that he was holding $72,000 in a client trust account and agreeing to “freeze” that amount, when the balance in his account at the time was only $4,075.

He received some mitigation for entering into an extensive stipulation with the State Bar. He also made restitution and a number of character witnesses testified on his behalf.

November 6, 2008

JOSEPH GUY MAIORANO [#113876], 53, of San Diego was suspended for one year, stayed, placed on one year of probation with a 60-day actual suspension and was ordered to take the MPRE within one year. The order took effect Nov. 6, 2008.

Maiorano represented an individual who was sued in federal court by an insurance company that alleged the client owed insurance premiums he had collected. The client said he owed about $72,075 and gave Maiorano a check for that amount to hold in trust as an offer of good faith.

The insurance company initially rejected the offer. Maiorano withdrew $68,000. When the company agreed to the offer two months later, Maiorano agreed to “freeze” $72,000 in his trust account pending a court order. He knew he held only $4,000 for the client.

Maiorano stipulated that he committed an act of moral turpitude by signing an interim settlement agreement that contained a false statement.

In mitigation, he cooperated with the bar’s investigation and he submitted numerous letters attesting to his good character.